Jury rules for Worcester officer in 7-year-old brutality case

Friday

May 24, 2013 at 6:00 AMMay 24, 2013 at 7:20 PM

By Nick Kotsopoulos TELEGRAM & GAZETTE STAFF

A Superior Court jury has found in favor of a city police officer in a nearly 7-year-old civil lawsuit brought against him by a Fitchburg man, who alleged that the officer severely beat him with his service baton when an altercation broke out at a downtown nightclub in April 2005.

The jury found that Officer Jarrett J. Watkins did not assault and batter Randy Martineau while trying to break up a fight that had erupted between two other patrons at the Club Red on Pleasant Street.

Mr. Martineau alleged that Officer Watkins struck him seven times with his service baton during the melee.

Officer Watkins, who was working an off-duty paid detail assignment at the nightclub when the altercation broke out, intervened to restore order, according to city lawyers.

They said that after the officer’s verbal commands were ignored and lesser physical measures were ineffective, he found it necessary to use his service baton.

Officer Watkins acknowledged using his baton twice on Mr. Martineau, saying it was in order to break up the fight.

The city defended the case on the basis that, as a police officer, Officer Watkins was authorized to use force to secure compliance with his orders to cease and desist, and restore the peace.

After three days of trial, the jury took 45 minutes Thursday to return a verdict in favor of Officer Watkins.

City Manager Michael V. O’Brien said Thursday the decision in favor of Officer Watkins is “a clear reflection of the highest level of training and professionalism of our Worcester Police Department.”

He also commended the work done by Assistant City Solicitor Kevin M. Gould, who was the city’s lead trial counsel, along with Assistant City Solicitor Wendy L. Quinn and City Solicitor David M. Moore, who assisted in the trial of this case.

The plaintiff was said to be seeking more than $350,000 in damages for injuries he claimed were sustained because of unreasonable force applied to him during the incident, which occurred on the night of April 2, 2005.

In a civil suit he filed against Officer Watkins in 2006, Mr. Martineau maintained he was an innocent bystander and the officer repeatedly struck him with his baton, breaking bones in his head and neck area and inflicting other injuries, after a fight broke out between two other patrons.

Officer Watkins said he intervened to restore order after Mr. Martineau became involved in a physical altercation with another person. The officer admitted striking Mr. Martineau twice on the leg and thigh with his service baton.

Last year, a Superior Court judge rejected Office Watkins’ claim that he had immunity from civil liability under state law as a public employee.

Officer Watkins, who was in uniform while working the paid detail, maintained he could not be sued by Mr. Martineau because he was acting within the scope of his duties as a police officer at the time of the alleged assault and, as a result, had immunity as a public employee.

But Judge Douglas H. Wilkins ruled in February 2012 that Officer Watkins’ defense of immunity as a public employee would be available only if it was shown that he was acting within the scope of his duty as a police officer at the time of the alleged assault and not as an employee of the bar.

He said a jury could find the officer was acting as an employee of the bar at the time of the alleged assault, which would negate his claim of immunity as a public employee.